Domestic violence is a serious issue that affects thousands of individuals across California every year. The state has strict laws in place to protect victims and hold offenders accountable. If you or someone you know is involved in a domestic violence situation—whether as a victim seeking protection or as someone facing accusations—it’s essential to understand the legal definitions, available protections, and potential consequences. In this post, we’ll break down what constitutes domestic violence in California, the legal options for victims, and what those accused should expect.

What is Domestic Violence Under California Law?

In California, domestic violence is defined as any form of abuse committed against a spouse, former spouse, cohabitant, fiancé(e), dating partner, or the parent of your child. Under California Penal Code Section 13700, domestic violence can include physical harm, threats, harassment, and other forms of abuse. The term “abuse” refers to:

• Intentionally or recklessly causing or attempting to cause bodily injury.
• Placing someone in reasonable fear of imminent serious bodily injury.
• Any form of sexual assault or unlawful physical contact.

Additionally, California Family Code Section 6203 expands the definition to include any behavior that can be classified as disturbing the peace of a victim, which means actions that destroy the mental or emotional calm of a person.

Types of Domestic Violence Offenses in California

Domestic violence is not limited to physical violence. It can encompass a wide range of behaviors, each carrying its own legal implications. Some common forms of domestic violence under California law include:

Physical Abuse

• Physical abuse involves hitting, slapping, punching, pushing, or any physical act that results in injury or harm.

Emotional or Psychological Abuse

• Non-physical abuse, such as verbal threats, controlling behavior, intimidation, and isolation, can also be considered domestic violence if it affects the victim’s mental well-being.

Sexual Abuse

• Any form of non-consensual sexual contact, coercion, or manipulation falls under this category.

Stalking or Harassment

• Repeatedly following, monitoring, or harassing a person with the intent to cause fear or distress is a serious form of abuse.

Financial Abuse

• Financial abuse occurs when one partner controls the other’s access to financial resources, limits their ability to work, or otherwise manipulates their financial situation to create dependence.

Legal Options for Victims of Domestic Violence

California offers a variety of legal protections and resources to help victims of domestic violence escape dangerous situations and regain control of their lives. Some of the primary legal tools and protections available include:

Restraining Orders

• One of the most effective tools for protecting victims is a restraining order. A restraining order is a court-issued document that prevents the abuser from contacting, approaching, or harassing the victim. There are several types of restraining orders available in California:
• Emergency Protective Order (EPO): Issued immediately by law enforcement when they respond to a domestic violence call. EPOs last up to 7 days, giving the victim time to seek a longer-term order.
• Temporary Restraining Order (TRO): A TRO is issued after a victim files a petition with the court. It provides immediate protection and typically lasts up to 20 days, until the court hearing.
• Permanent Restraining Order: After a court hearing, a permanent restraining order can be issued, lasting up to 5 years. It can be renewed if the victim still feels threatened.

Criminal Charges

• Victims can report the abuse to law enforcement, which may result in the abuser being arrested and charged with a crime. The charges can range from misdemeanors to felonies, depending on the severity of the abuse.

Protective Orders in Family Court

• Victims can also seek protective orders through family court, which can address issues like child custody, visitation, and support.

Support Services and Resources

• California has numerous support services, including counseling, legal aid, and emergency shelters, that can assist victims in leaving abusive relationships and rebuilding their lives.

Consequences for Domestic Violence Offenders

Being accused of domestic violence in California carries serious legal and personal consequences. Depending on the nature and severity of the alleged abuse, potential penalties include:

Misdemeanor vs. Felony Charges

• Domestic violence offenses can be charged as either misdemeanors or felonies. Misdemeanor charges typically involve less severe acts of violence and carry penalties such as up to 1 year in county jail and fines up to $2,000.
• Felony charges are reserved for more severe offenses, such as those involving serious bodily injury. Felony domestic violence can result in 2 to 4 years in state prison and additional penalties.

Loss of Gun Rights

• In California, a domestic violence conviction leads to a lifetime ban on owning or possessing firearms.

Probation and Counseling

• Offenders may be placed on probation and required to complete a 52-week batterer’s intervention program as part of their sentence.

Impact on Immigration Status

• For non-citizens, a domestic violence conviction can lead to deportation, denial of re-entry, or other severe immigration consequences.

Restraining Orders

• In addition to criminal penalties, a permanent restraining order can significantly impact the accused’s personal and professional life by restricting contact and limiting freedom.

Defenses Against Domestic Violence Charges

For individuals accused of domestic violence, building a strong legal defense is critical. Some common defenses include:

Self-Defense

• If the accused can show that they acted in self-defense to protect themselves from harm, this can serve as a valid legal defense.

False Allegations

• In some cases, accusations of domestic violence may be exaggerated or fabricated due to personal disputes, such as divorce or child custody battles.

Lack of Evidence

• The prosecution must prove the charges beyond a reasonable doubt. If there is insufficient evidence to support the allegations, the charges can be challenged.

Mutual Combat

• If both parties engaged in violent behavior, this may be raised as a defense, potentially reducing the charges.

How Email My Lawyer Can Help

Whether you are a victim seeking protection or someone facing domestic violence charges, the legal team at Email My Lawyer is here to help. We understand the complexities of California’s domestic violence laws and are committed to providing reliable, compassionate, and effective legal assistance.

Our innovative online platform allows you to get legal advice quickly and conveniently through email, so you don’t have to worry about the hassle of scheduling in-person consultations. Whether you need help filing a restraining order, navigating family court, or defending against accusations, Email My Lawyer can provide the guidance you need.